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LONG ANSWERS

1. Explain the rules of succession relating to the property of a Hindu, Muslim & a
Christian dying intestate.

A. Sure, let's delve into the rules of succession concerning the property of a
Hindu, Muslim, and Christian who die intestate.

Hindu Succession:

1. **The Hindu Succession Act, 1956**: This Act governs the succession of
property among Hindus. When a Hindu dies intestate (without a will), his or her
property is distributed among legal heirs according to the provisions of this Act.

2. **Class I Heirs**: The first preference is given to Class I heirs. This class
includes the following relatives:

- Sons

- Daughters

- Widow

- Mother

- Son of a predeceased son

- Daughter of a predeceased son

- Son of a predeceased daughter

- Daughter of a predeceased daughter

- Widow of a predeceased son

- Son of a predeceased son of a predeceased son

- Daughter of a predeceased son of a predeceased son

- Widow of a predeceased son of a predeceased son

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3. **Class II Heirs**: If there are no Class I heirs, the property is then passed on
to Class II heirs, which include:

- Father

- Brothers

- Sisters

- Grandmother

- Grandfather

- Father’s brothers

- Father’s sisters

4. **Aggregation of Shares**: If any Class I or Class II heirs are no longer alive,

their share is divided equally among their own legal heirs.

5. **Female Heirs**: In Hindu succession, females have equal rights as males.

Daughters have equal rights in the property of their parents.

6. **Stridhana**: Certain properties, like gifts and inheritances to women, are

considered their exclusive property and are passed down according to their own
rules.

Muslim Succession:

1. **Personal Law**: In India, Muslim succession is governed by personal laws

derived from Sharia. Each sect among Muslims might have slightly different
rules.

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2. **Quranic Inheritance Laws**: The Quran lays down specific shares for
different heirs. These shares are fixed and vary depending on the relationship of
the heir to the deceased and the presence of other heirs.

3. **Sharers and Residuaries**: Sharers are those entitled to fixed shares of

the property according to the Quran. Residuaries inherit the residue of the
estate after the sharers have taken their shares.

4. **Aggregation of Shares**: Similar to Hindu succession, if any sharer is not

alive, his or her share goes to their own heirs.

5. **Exclusion of Certain Relatives**: Unlike Hindu law, where almost all

relatives are included in the succession, Muslim law excludes certain relatives
like parents and spouse from inheritance if there are more immediate heirs.

Christian Succession:

1. **Indian Succession Act, 1925**: Christians in India primarily follow the

Indian Succession Act, 1925, for matters of succession.

2. **Legal Heirs**: The Act identifies legal heirs in the absence of a will, similar
to Hindu succession.

3. **Spouse’s Share**: The surviving spouse is entitled to a specific share of the

property, and the remaining estate is distributed among other legal heirs.

4. **Aggregation of Shares**: If any legal heir is not alive, their share is

distributed among their own heirs.

5. **Intestate Succession Rules**: If there is no surviving spouse, the property

is distributed among other legal heirs according to the provisions of the Act.

Each of these succession laws reflects the cultural and religious diversity of India
and provides a framework for the orderly distribution of property in the
absence of a will.

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2. What is will? How a will can be made by Muslim & Christian
A A Muslim may dispose of his entire property by gift intir - vivos, but can make will of
only one- third of his property.
- Will of a Muslim is governed by Muslim Law.
Capacity to make will – sound mind and major as per Indian Majority Act
- A minor’s will can be ratify on attaining the age of majority, but a will of unsound minded
can’t be ratified on attaining sanity.
- Muslim authorities held that will made by same person become invalid if subsequently
becomes insane.
- Under Shia Law a will made by a person to taken poison /wounded himself to commit
suicide is invalid, but if a person writes a will and then will is valid.
- A will made by a person under coercion, undue influence/ fraud is invalid. Will by
Pardanaseen lady be carefully scrutinized by a court.
Formalities of a Will : It may be oral/ written
- May not be signed by testator / witnesses but intention of the testator be clear.
Ex. A letter written by a Muslim shortly before his death containing directions for the
disposition of his property was accepted to constitute a valid will.
- No form of declaration for oral will but is tough to establish.
- Under Muslim law, a will may be made by gestures provided if his meaning be understood.
Subject matter of a Will :

- Property may be corporeal / incorporeal, movable/ immovable capable of being

transferred.

- Existence of subject matter is necessary at the time of death of testator and not at the
time of writing will.

Revocation of the will

- may revoke Will/ any part of it at any time either expressly/ by implication. Testator can
make any additions to his will. Revocation is possible in following two ways –

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i) Express revocation – by earring it off/ burning it. If testator makes a bequeath of some
property to a person and by subsequent will he bequeaths same to another, first bequest is
revoked. But bequest of same property to one person in earlier portion of the will and to
another in later portion, doesn’t revoke the earlier but both legatees share equally.

ii) Implied revocation – an act inconsistent with bequest will go to revoke will - --- Bequest
of plot stands revoked on construction of building over it.

In Christianity: In Christianity, a will is a legally binding document that allows a person to

dictate how their property and assets should be distributed after their death. While there isn't
a specific religious ritual for making a will in Christianity, it's generally seen as a responsible
and prudent practice. Key considerations for making a will in a Christian context include:

1. Intention: Like in Islam, the person making the will (the testator) must be of sound
mind and make the will voluntarily.
2. Distribution: Christian beliefs don't prescribe specific rules for distributing assets in a
will. Instead, individuals have the freedom to decide how their property should be
distributed among their heirs, charities, or other beneficiaries.
3. Legal Formalities: The will must comply with the legal requirements of the
jurisdiction in which it is created. This usually involves signing the document in the
presence of witnesses who are not beneficiaries and having it notarized.
4. Executor: It's common for Christians to appoint an executor to administer the estate
and ensure that the terms of the will are carried out.

In both Islam and Christianity, making a will is seen as a way to fulfill one's obligations to
family and loved ones, as well as to ensure that one's assets are used in accordance with their
values and beliefs after they pass away.

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3.Explain the Interpretation & revocation of the will

The interpretation and revocation of a will are critical legal concepts that govern
the validity and effect of a testamentary document. Let's delve into each aspect:

Interpretation of a Will:

1. Literal Interpretation:
o Initially, courts aim to interpret a will according to its plain and
ordinary meaning. The language used in the document is given
primary importance.
2. Ambiguities:
o If there are any ambiguities or uncertainties within the will, courts
may resort to various principles to resolve them:
 The Plain Meaning Rule: This principle dictates that if the
language of the will is clear and unambiguous, the court will not
look beyond the will's text.
 The Rule of Construction: Courts may apply this rule to
interpret ambiguous clauses in a manner that aligns with the
testator's probable intent.
 The Doctrine of Probable Intent: This doctrine allows courts
to consider extrinsic evidence, such as the circumstances
surrounding the creation of the will, to determine the testator's
likely intentions.
3. Extrinsic Evidence:
o In some cases, courts may consider external evidence, such as
statements made by the testator or witnesses, to clarify ambiguous
provisions or to determine the testator's intent.
4. Presumptions:
o Certain legal presumptions may guide the interpretation process:
 The Presumption Against Intestacy: Courts presume that a
testator intended to dispose of all their property through the will,
rather than allowing it to pass through intestacy.
 The Presumption Against Revocation by Subsequent
Instrument: This presumption holds that a later document does
not revoke a prior will unless it expressly revokes it or is
inconsistent with it.

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Revocation of a Will:
1. Express Revocation:
o A testator can expressly revoke a will by:
 Creating a subsequent valid will that explicitly revokes the prior
one.
 Physically destroying the will with the intent to revoke it.
 Executing a written instrument specifically revoking the will.
2. Implied Revocation:
o A will can be implicitly revoked if:
 The testator marries or remarries (unless the will was made in
contemplation of marriage).
 The testator's marriage is dissolved (divorce).
 The testator's child is born (in some jurisdictions).
3. Operation of Law:
o Certain events or circumstances may result in the automatic
revocation of a will:
 Divorce: In many jurisdictions, divorce automatically revokes
any provisions in favor of the former spouse.
 Subsequent Marriage: Some jurisdictions automatically revoke
portions of a will in favor of a new spouse if the will predates
the marriage.
4. Revival:
o Revival occurs when a previously revoked will is reinstated as valid.
This can happen through:
 Re-executing the revoked will.
 Executing a codicil that expressly revives the revoked will.

In essence, the interpretation of a will aims to ascertain the testator's intent, while
revocation mechanisms ensure that the will accurately reflects the testator's
wishes at any given time. These legal principles serve to uphold the integrity of
testamentary documents and safeguard the interests of beneficiaries and heirs.

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4. What are the changes brought down by Hindu succession (Amendment) Act
2005 to Hindu succession act 1956.

A. The Hindu Succession (Amendment) Act of 2005 was a significant legal

reform in India that aimed to address gender disparities in inheritance laws under
the Hindu Succession Act of 1956. The 1956 Act governed the succession and
inheritance rights of Hindus, including Sikhs, Jains, and Buddhists. However, it
contained certain provisions that discriminated against women in matters of
property inheritance. The Amendment Act sought to rectify these discrepancies
and bring about gender equality in inheritance rights within Hindu families. Here
are the key changes brought about by the Hindu Succession (Amendment) Act of
2005:

1. Equal Rights to Daughters:

- One of the most significant changes introduced by the Amendment Act was to
grant daughters equal rights as sons in matters of inheritance. Prior to the
amendment, daughters were not considered coparceners (members of the joint
Hindu family who share equally in the family's property) and were often
excluded from ancestral property rights. The Amendment Act altered this by
making daughters coparceners by birth, giving them equal rights and liabilities in
the ancestral property.

2. Removal of Discriminatory Provisions:

- The Amendment Act abolished certain discriminatory provisions present in

the Hindu Succession Act of 1956. It nullified Section 6 of the 1956 Act, which
previously barred daughters from being coparceners. This section was replaced
with a new provision that recognized daughters as coparceners by birth, thus
eliminating the gender bias against them in matters of inheritance.

3. Retroactive Application:

- Importantly, the Amendment Act applied retrospectively, meaning that it

granted equal rights to daughters in ancestral property even if the father had died
prior to the enactment of the amendment. This ensured that daughters who were
previously deprived of their rightful share in ancestral property could now claim
their inheritance.

4. Implications for Joint Family Property:

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- The Amendment Act had significant implications for joint family property. It
allowed daughters to demand a share in the ancestral property, including both
ancestral agricultural land and residential property. This provision aimed to
empower daughters economically and ensure their financial security within the
family structure.

5. Clarification on Partition:

- The Amendment Act clarified the concept of partition in joint Hindu family
property. It stipulated that the daughter's right in the ancestral property would be
as coparceners, and upon the father's death, she would have the same rights as a
son in the partition of the property.

6. Impact on Succession Planning:

- The Amendment Act prompted families to reconsider their succession
planning strategies. It necessitated a review of wills, trusts, and other legal
instruments to ensure compliance with the amended provisions and to
accommodate the equal rights of daughters in inheritance matters.

Conclusion:

The Hindu Succession (Amendment) Act of 2005 was a landmark legislation that
marked a significant step towards gender equality in property rights within Hindu
families. By granting daughters equal rights as sons in matters of inheritance, the
Amendment Act sought to rectify historical injustices and empower women
economically. It brought about a fundamental shift in the legal landscape
governing Hindu succession, promoting fairness, and inclusivity in matters of
property inheritance.

Chandribai Vs. Tulsiram -High Court of MP

Whether daughter can claim share in joint family property prior to death of father?

Section 6 of the Act has been amended on 09.09.2005 effacing devolution by survivorship
through insertion of intestate succession in Mitakshara Coparcenary by substituting the
concept of intestate succession for giving equal shares to daughter at par with sons by
virtue of their birth. As evident in Section 6(3), the provisions of amended Section 6 can
only be invoked in case of property being ancestral.

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5.Who is the Karta of joint Hindu family. What are his powers.
In a joint Hindu family, the Karta holds a pivotal position. The term "Karta"
refers to the head of the family, typically the eldest male member, who manages
the affairs of the joint family. Here's a detailed explanation of the Karta's role,
powers, and responsibilities:

1. Managerial Authority: The Karta has significant managerial authority over

the joint family's affairs. This includes decision-making in financial, social, and
religious matters. The Karta is entrusted with the responsibility of ensuring the
welfare and prosperity of all members of the family.

2. Control over Property: One of the most critical powers of the Karta is
regarding family property. The Karta has the authority to manage, alienate, and
dispose of the joint family property for the benefit of the family. However, this
power is not absolute and must be exercised for the benefit of all members, in
accordance with Hindu law.

3. Representative: The Karta represents the joint family in all legal and social
matters. They have the authority to enter into contracts, sue or be sued on behalf
of the family, and represent the family's interests in various transactions.

4. Financial Management: As the head of the family, the Karta is responsible

for managing the family's finances. This includes budgeting, investing, and
ensuring the financial stability and growth of the family estate. The Karta must
act prudently and in the best interest of all family members.

5. Spiritual and Ritualistic Leadership: In addition to secular matters, the

Karta also holds a significant role in religious and ritualistic affairs. They oversee
the performance of religious ceremonies, festivals, and observances within the
family. The Karta ensures the continuation of family traditions and customs.

6. Educational and Moral Guidance: Traditionally, the Karta also plays a role
in providing educational and moral guidance to the younger members of the
family. They are expected to impart knowledge, wisdom, and values that uphold
the cultural and ethical fabric of the family.

7. Decision-making Authority: Ultimately, the Karta has the final authority in

making decisions for the joint family. However, it's important to note that these

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decisions should be made in consultation with other senior members of the
family, considering their opinions and interests.

8. Legal Obligations: While the Karta holds significant powers, they are also
bound by legal obligations and duties. They must act honestly, diligently, and in
accordance with the principles of Hindu law. Any misuse or abuse of power can
lead to legal consequences.

Overall, the role of the Karta in a joint Hindu family is multifaceted,

encompassing managerial, financial, legal, spiritual, and social responsibilities. It
is a position of both privilege and responsibility, requiring wisdom, integrity, and
a deep commitment to the well-being of the family.

In Kehar Singh v. Nachitar Kaur & Ors, 2018, the Hon’ble Supreme Court of
India, stated the following to be legal necessity:

Payment of government revenue.

Maintenance of coparceners and members of their family.

Marriage expenses of the male coparceners and their daughters.

The cost of necessary litigation which may be civil or criminal.

The payment of debts incurred for family businesses etc.

6. Enumerate the Class I & Class II heirs under Hindu Succession act 1956.

AUnder the Hindu Succession Act, 1956, Class I heirs and Class II heirs are
defined for the purpose of succession to the property of a Hindu male dying
intestate. Let's delve into each class:

Class I Heirs:

1. Son, Daughter, Widow: These three are considered primary heirs and have
equal rights to the deceased's property. If the deceased has left behind a son,
daughter, or widow, they will inherit equally.

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2. Mother: If the deceased has no son, daughter, or widow, the mother
becomes a Class I heir and is entitled to a share in the property.

3. Widow of a predeceased son: If a son has died before the intestate's death,
leaving behind a widow, she inherits equally along with the surviving sons,
daughters, and widow.

4. Widow of a predeceased son of a predeceased son: Similar to the above, if

the son of the deceased has also predeceased him, leaving behind a widow, she
inherits equally.

5. Widow of a predeceased unmarried son: If the deceased's son was

unmarried and has died before him, his widow becomes a Class I heir.

6. Widow of a predeceased married son: If the deceased's son was married but
died before him, leaving behind a widow, she inherits.

7. Daughter of a predeceased son: If a son has died before the intestate's

death, leaving behind a daughter, she inherits equally along with the surviving
sons, daughters, and widow.

8. Daughter of a predeceased daughter: If the deceased's daughter has died

before him, leaving behind a daughter, she becomes a Class I heir.

9. Daughter of a predeceased son of a predeceased son: Similar to the above, if

the daughter of a predeceased son is alive, she inherits equally.

Class II Heirs:

If there are no heirs from Class I, the following relatives become entitled to
inherit:

1. Father: In the absence of any Class I heirs, the father of the deceased
becomes a Class II heir.

2. Son's daughter's son: If there are no Class I heirs and the deceased's father is
not alive, the son's daughter's son inherits next.

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3. Son's daughter's daughter: Similar to the above, if the son's daughter's son is
not alive, the son's daughter's daughter inherits.

4. Brother: In the absence of all the above, the brother of the deceased inherits.

5. Sister: If the brother is not alive, the sister becomes a Class II heir.

6. Sister's son: If there are no brothers or sisters, the sister's son inherits.

7. Sister's daughter: If there are no brothers, sisters, or sister's sons, the sister's
daughter inherits.

8. Brother's son : If there are no Class I or Class II heirs as mentioned above, the
brother's son becomes entitled to inherit.

9. Brother's daughter: In the absence of the above, the brother's daughter

inherits.

10. Father's father: If none of the above are alive, the father's father becomes a
Class II heir.

11. Father's widow: Similarly, if none of the above are alive, the father's widow
inherits.

12 Father's brother : In the absence of all the above, the father's brother
becomes entitled to inherit.

13. Father's sister: If there are no other heirs as mentioned above, the father's
sister inherits.

14. Mother's father: If none of the above are alive, the mother's father
becomes a Class II heir.

15. Mother's mother: In the absence of all other heirs, the mother's mother
inherits.

This exhaustive list of Class I and Class II heirs under the Hindu Succession Act,
1956, ensures that succession to a Hindu male's property is clearly defined and
orderly.

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7.Distinguish between the Sunni & Shia laws of inheritance

A The distinction between Sunni and Shia laws of inheritance, particularly

regarding Class I and Class II heirs, stems from differences in interpretation of
Islamic jurisprudence and the Hadith (sayings and actions of the Prophet
Muhammad). While there are similarities in their frameworks, there are also
notable differences in the specifics of inheritance laws.

1. Sunni Law of Inheritance:

In Sunni Islam, the laws of inheritance are primarily based on the teachings of
the Quran and the Hadith, with the majority of Sunni scholars adhering to the
Hanafi, Maliki, Shafi'i, and Hanbali schools of thought. The Sunni law of
inheritance follows a system known as "ta'sib," which means fixing shares
according to stipulated rules.

Class I Heirs in Sunni Law:

Class I heirs are those who inherit a fixed share of the deceased's estate, and
they include:

a. Children: Sons and daughters inherit in fixed proportions, with sons typically
receiving double the share of daughters.

b. Spouse: The surviving spouse inherits a specified share depending on

whether there are children or other relatives.

c. Parents: Both parents have a designated share, with the mother usually
receiving half of what the father inherits.

**Class II Heirs in Sunni Law:**

Class II heirs inherit only if there are no Class I heirs, and they include:

a. Grandchildren: Inherit if there are no children but there are grandchildren.

b. Siblings: Inherit a specified share if there are no children, grandchildren, or

parents.

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c. Paternal and Maternal Grandparents: Inherit if there are no children,
grandchildren, siblings, or parents.

2. Shia Law of Inheritance:

Shia Islam follows the Ja'fari school of thought in matters of jurisprudence,

which differs from Sunni law in several aspects, including inheritance.

Class I Heirs in Shia Law:

Shia law recognizes Class I heirs, who are entitled to specific shares, including:

a. Children: Sons and daughters inherit, but unlike Sunni law, daughters may
receive equal shares as sons.

b. Spouse: The surviving spouse is entitled to inherit, though the share varies
depending on factors such as the presence of children.

c. Parents: Both parents have a designated share, similar to Sunni law.

Class II Heirs in Shia Law:

Shia law also recognizes Class II heirs, who inherit in the absence of Class I heirs,
and they include:

a. Grandchildren: Inherit if there are no children but there are grandchildren.

b. Siblings: Inherit a specified share if there are no children, grandchildren, or

parents.

c. Paternal and Maternal Grandparents: Inherit if there are no children,

grandchildren, siblings, or parents, similar to Sunni law.

Differences between Sunni and Shia Laws:

1. Treatment of Daughters:One of the significant differences lies in the

treatment of daughters. While Sunni law typically grants daughters half the
share of sons, Shia law often grants them equal shares.

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2. Aggregation of Shares: In Sunni law, if there are multiple heirs within a
category, their shares may need to be aggregated and then distributed
according to fixed proportions. Shia law often does not aggregate shares and
distributes them individually.

3. Hierarchy of Heirs: While both Sunni and Shia laws recognize similar
categories of heirs, the order of priority and the specifics of shares may vary
slightly.

In summary, while both Sunni and Shia laws of inheritance share foundational
principles rooted in Islamic teachings, there are differences in the interpretation
of those principles, resulting in variations in the allocation of shares to Class I
and Class II heirs. These differences reflect the diverse approaches within
Islamic jurisprudence across different schools of thought.

Case Law

Imambandi v. Sheikh Haji Mutsaddi (1918)

In this case, a man named Ismail Ali Khan died, leaving behind three widows and
several children. The petitioner, Enayet-uz-Zhora is one of his widows. She,
along with her two minor children, bought a share of his estate through a suit.
The defendants disputed the legitimacy of her marriage to Ismail and the
children, thus denying her claims over the shares and her right to sell them.

The court observed that Under Sunni law, after the death of the father, custody
vests in the executor appointed by him

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SHORT ANSWERS

1. Doctrine of Pious obligation.

A. The doctrine of pious obligation is based on piety and religion. Hindu law
states that when a Hindu dies and his soul is indebted, he may have to face evil
consequences. Therefore, the son of such a person has the responsibility to free
the soul of his father from indebtness. In this regard, Brihaspati states that:

Scope Of Liability in Doctrine Of Pious Obligation

The extent of liability to pay the sum owed by the father or the grandfather or
the great grandfather is limited to the principal and not the interest on the
same.

Before the British Era, the son and the grandson had a personal liability to pay
the debt whereas the liability of the great-grandson was limited to his share in
the joint family estate. During the British Era, the liability of the son, the
grandson and the great-grandson was limited to his share in the joint family
estate. Thus, even if the son is in possession of some personal property, he is
not liable to repay the debts of the father.

Effect Of Partition Of Joint Family Property

It was held in the case of Ram Saran v. Bhagwan,that the liability of the son
does not arise post the partition of the property. However, for pre-partition
debt, the liability continues even after the partition as long as the debts were
not immoral or for an illegal purpose

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2..Privileged wills.-

A. Any soldier being employed in an expedition or engaged in actual warfare, 1

[or an airman so employed or engaged,] or any mariner being at sea, may, if he
has completed the age of eighteen years, dispose of his property by a will made
in the manner provided in section 66. Such wills are called privileged wills.

Illustrations

(i) A, a medical officer attached to a regiment is actually employed in an

expedition. He is a soldier actually employed in an expedition, and can make a
privileged will.

(ii) A is at sea in a merchant-ship, of which he is the purser. He is a mariner,

and, being at sea, can make a privileged will.

(iii) A, a soldier serving in the field against insurgents, is a soldier engaged in

actual warfare, and as such can make a privileged will.

Section-72. Revocation of privileged will or codicil.-

A privileged will or codicil, may be revoked by the testator by an unprivileged

will .or codicil, or by any act expressing an intention to revoke it and
accompanied by such formalities as would be sufficient to give validity to a
privileged will, or by the burning, tearing or otherwise destroying the same by
the testator, or by some person in his presence and by his direction, with the
intention of revoking the same

6. Mode of making, and rules for executing, privileged wills.-

(1) Privileged wills may be in writing, or may be made by word of mouth.

(2) The execution of privileged wills shall be governed by the following rules:-

(a) The will may be written wholly by the testator, with his own hand. In such
case it need not be signed or attested. (b) It may be written wholly or in part by
another person, and signed by the testator. In such case it need not be attested.

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3. Stridhana property

A. Stridhana, a term originating from Hindu law, refers to the property that a
woman either inherits or acquires during her lifetime. The concept of Stridhana
has its roots in ancient Hindu texts and has evolved over time through various
legal interpretations and amendments. Here's a more detailed exploration:

Historical Context:

1. Ancient Texts: Stridhana finds its basis in ancient Hindu scriptures such as
the Vedas and Smritis. These texts delineated the rights of women in
matters of inheritance and property ownership.
2. Evolution of Hindu Law: Over centuries, Hindu law underwent changes
and interpretations, reflecting the socio-cultural milieu of different periods.
Stridhana evolved within this legal framework, albeit with variations across
regions and communities.

Nature of Stridhana:

1. Exclusive Property: Stridhana is the exclusive property of a woman. It

encompasses assets received through inheritance, gifts, or those acquired by
her own efforts, distinct from the joint family property (ancestral property)
governed by Hindu Succession laws.
2. Control and Management: Traditionally, a woman had considerable
autonomy over her Stridhana, including the right to manage, dispose, or gift
it as she deemed fit, subject to certain restrictions and customs prevalent in
her community.

Types of Stridhana:
1. Sauvadhin Stridhana: This refers to property acquired by a woman
through her own efforts, such as earnings from profession or business,
inheritances, or gifts specifically given to her.
2. Adhyavasayi Stridhana: Assets acquired through gifts or inheritances
from relatives, including movable and immovable properties, fall under this
category.
3. Streeyantra Stridhana: Jewelry, ornaments, and other valuables
traditionally given to a woman at the time of her marriage or other
significant life events constitute Streeyantra Stridhana.

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4.Codicil
A. Certainly! A codicil is a legal instrument used to modify, supplement, or
revoke provisions within an existing will without necessitating the creation of
an entirely new will. This document enables individuals to make changes to
their testamentary intentions without undergoing the formalities and expenses
associated with drafting a new will. Codicils serve as valuable tools for
individuals who wish to update their wills due to changes in circumstances,
such as marriage, divorce, birth of children, acquisition of assets, or changes
in beneficiaries.

When drafting a codicil, it's crucial to ensure that the document complies with
the legal requirements for wills in the relevant jurisdiction. These requirements
typically include provisions related to the testator's mental capacity, signature,
and witnessing by disinterested parties. Failure to adhere to these formalities
could render the codicil invalid, leading to unintended consequences or disputes
among heirs.

One of the primary advantages of using a codicil is its ability to preserve the
integrity of the original will. Rather than replacing the entire document, a codicil
allows individuals to make targeted amendments while retaining the overall
structure and testamentary provisions of the original will. This can be particularly
useful when only minor changes are necessary, such as updating the names of
beneficiaries, adjusting specific bequests, or addressing changes in tax laws.

However, it's essential to exercise caution when relying solely on codicils to

address significant changes or complex estate planning needs. In some cases,
multiple codicils may lead to confusion or ambiguity, especially if the
amendments are inconsistent or contradictory. In such instances, it may be
advisable to create a new will that incorporates all desired changes in a clear and
comprehensive manner.

Additionally, individuals should periodically review their wills and codicils to

ensure that they accurately reflect their current intentions and circumstances. Life
events such as marriage, divorce, birth of children, or significant changes in
assets may warrant updates to estate planning documents to ensure that they
continue to align with the individual's wishes.

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5. Privileged will.
A "Privileged will" suggests a complex interplay of privilege and intent. It could
signify the testament of someone endowed with societal advantages, typically
wealth, education, or social status. Such a will may outline the distribution of
assets, properties, and responsibilities upon the individual's passing.

From a broader perspective, "privileged will" might extend beyond the confines
of a legal document. It could embody the aspirations and intentions of those who
hold privilege to effect positive change in the world. This interpretation
underscores the moral responsibility that comes with privilege—to utilize one's
advantages for the betterment of society.

In this light, a privileged will encompasses a commitment to social justice,

equity, and empathy. It involves acknowledging and actively addressing the
disparities and injustices that privilege often perpetuates. Those with privilege
possess the resources, influence, and platform to advocate for marginalized
communities, challenge systemic inequalities, and promote inclusivity.

Moreover, a privileged will entails humility and introspection. It requires

recognizing one's own privilege and interrogating how it shapes one's worldview,
opportunities, and interactions. By fostering self-awareness and empathy,
individuals can leverage their privilege to amplify marginalized voices, dismantle
barriers to access, and foster genuine solidarity across diverse communities.

In essence, a privileged will epitomizes a conscious choice to use privilege not as

a shield of entitlement but as a catalyst for meaningful change. It underscores the
power of intentionality, compassion, and collective action in building a more just
and equitable society for all.

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6. Administration of estates under Muslim law
A The administration of estates under Muslim law, also known as Islamic law or
Shariah, is governed by principles derived from the Quran, the Hadith (sayings
and actions of the Prophet Muhammad), and the interpretations of Islamic jurists
over centuries. Here's an in-depth exploration of the key aspects:

1. **Intestate Succession**: In cases where a Muslim individual dies without

leaving a will (intestate), Islamic law provides specific guidelines for the
distribution of the deceased's estate among their heirs. These rules are designed
to ensure fair and equitable distribution based on familial relationships and the
degree of kinship.

2. **Principles of Inheritance**: Islamic law prescribes fixed shares for various

heirs, known as "sharers" (Dhawu al-Furud), and "residuaries" (Asabat). The
primary heirs include spouses, children, parents, and siblings, each entitled to a
predetermined portion of the estate. The shares vary depending on the number
and type of heirs, with specific rules governing the distribution of assets.

3. **Distribution of Shares**: The distribution of the estate follows specific rules

outlined in Islamic jurisprudence. For example, sons typically receive double the
share of daughters, while parents are entitled to inherit in certain circumstances,
such as when there are no children or spouse. These rules aim to balance the
rights of various heirs while preserving familial ties and obligations.

4. **Provisions for Wills (Wasiyyah)**: While Islamic law emphasizes intestate

succession, it also allows individuals to make bequests (Wasiyyah) of up to one-
third of their estate to non-heirs, such as friends, distant relatives, or charitable
causes. These bequests can be made in writing, provided they do not conflict
with the fixed shares prescribed for primary heirs.

5. **Appointment of Executors (Wasi)**: Islamic law permits the appointment

of an executor (Wasi) to oversee the administration of the estate and ensure
compliance with the deceased's wishes as outlined in the will. The executor's role
involves managing assets, settling debts, and distributing the estate according to
Shariah principles, with a focus on fairness and transparency.

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7. Mithakshara & Dayabaga ?

A "Mithakshara" and "Dayabhaga" are two distinct systems of Hindu law that
govern inheritance and property rights in India. Here's an overview of each:

1. **Mithakshara School**:

- The Mithakshara school of Hindu law is predominant in Southern India,

especially in states like Tamil Nadu, Kerala, Andhra Pradesh, and Karnataka.

- It is primarily based on the commentary called "Mitakshara," written by

Vijnanesvara, a renowned Hindu jurist who lived in the 12th century.

- Under the Mithakshara school, ancestral property is divided among sons

equally. Sons have a birthright to ancestral property and can claim a share in it
even during the father's lifetime.

- The Mithakshara school allows for partition of ancestral property, where

each coparcener can claim a share and hold it separately.

2. **Dayabhaga School**:

- The Dayabhaga school of Hindu law is primarily followed in West Bengal and
Assam.

- It is based on the text "Dayabhaga," written by Jimutavahana, a medieval

Hindu jurist.

- Unlike the Mithakshara school, the Dayabhaga system does not recognize
coparcenary rights. Sons do not have a birthright to ancestral property but
inherit it from their father upon his death.

- Under the Dayabhaga school, ancestral property is inherited by sons as joint

tenants, rather than as coparceners. This means that sons do not have
individual rights over specific portions of the property during the father's
lifetime.

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- Partition of property can occur, but it requires the consent of all the heirs,
and the property is divided equally among them.

In summary, while both Mithakshara and Dayabhaga are systems of Hindu law
governing inheritance and property rights, they differ in their treatment of
ancestral property, the rights of sons, and the principles of partition.
Mithakshara follows the principle of coparcenary and allows sons to claim a
share in ancestral property by birth, whereas Dayabhaga does not recognize
coparcenary rights and inheritance occurs upon the father's death.

8. Coparcenary property.

A Coparcenary property is a concept in Hindu law that refers to ancestral

property inherited through male lineage and governed by the principles of
coparcenary. Here are the key characteristics and principles associated with
coparcenary property:

1. **Ancestral Property**: Coparcenary property typically consists of assets

that have been inherited from paternal ancestors. This property passes from
one generation to the next through the male lineage, with each successive
generation acquiring an interest in the property by birth.

2. **Joint Ownership**: Coparcenary property is jointly owned by all the male

descendants of a common ancestor up to four generations. This joint ownership
is not divided into specific shares, but each coparcener has an undivided
interest in the entire property.

3. **Birthright**: Under the principle of coparcenary, male descendants

acquire an interest in coparcenary property by birth. This means that sons have
a right to a share in ancestral property from the moment of their birth,
regardless of whether the father is alive or deceased.

4. **Right to Partition**: While coparceners have a joint interest in

coparcenary property, they also have the right to demand partition. Partition
involves dividing the property among the coparceners, allowing each to hold

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their share separately. Once partition occurs, the coparcenary status ends, and
the property is held individually by each coparcener.

5. **Management and Alienation**: Coparcenary property is managed by the

eldest male member, known as the Karta. The Karta has the authority to make
decisions regarding the property, including alienation or sale, as long as such
actions benefit the coparcenary as a whole.

6. **Abolition of Coparcenary**: In 2005, the Hindu Succession (Amendment)

Act was enacted in India, abolishing the concept of coparcenary with regard to
daughters. This amendment granted daughters equal rights as coparceners in
ancestral property, including the right to demand partition and hold property
independently.

Overall, coparcenary property plays a significant role in Hindu succession law,

governing the inheritance and ownership of ancestral property among male
descendants. While it traditionally favored male heirs, recent legal reforms have
aimed to promote gender equality and ensure equal rights for daughters in
matters of inheritance.

9.Succession

A The Hindu Succession Act, 1956, is a significant piece of legislation governing

succession and inheritance rights among Hindus in India. It aims to regulate the
inheritance and property rights of Hindus, including those who follow Buddhism,
Jainism, or Sikhism, and covers various aspects such as intestate succession,
testamentary succession, and rights of heirs.

Key provisions of the Hindu Succession Act include:

1. Intestate Succession: The Act provides rules for the distribution of

property when a Hindu dies intestate (without leaving a will). The property
is typically divided among the deceased's heirs according to certain rules
outlined in the Act.
2. Class I Heirs: The Act defines Class I heirs, who are entitled to a share in
the deceased's property if they die intestate. These include the deceased's
widow, children, and their descendants, as well as the deceased's mother.
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3. Mitakshara Coparcenary: The Act amended the Mitakshara coparcenary
system, which traditionally governed inheritance among Hindu families.
Under this system, ancestral property is held jointly by the male
descendants of a common ancestor. The Act provides daughters with equal
rights in coparcenary property along with sons.
4. Testamentary Succession: The Act allows Hindus to dispose of their
property by will, subject to certain conditions and restrictions. It outlines
rules regarding the validity of wills, the capacity to make a will, and the
rights of heirs to contest a will.
5. Rights of Widows: The Act grants widows certain rights in their deceased
husband's property, including the right to maintenance and residence in
certain circumstances.
6. Amendments: The Hindu Succession Act has been amended several times
to address various issues and make changes to its provisions. For example,
the 2005 amendment made significant changes to the Act, including giving
daughters equal rights in ancestral property.

10.Doctrine of Radd or Return

A The "Doctrine of Radd" or "Doctrine of Return" is a concept in Islamic law,

particularly in the realm of contracts. It refers to the principle that allows parties
to a contract to cancel or annul the contract and return to the status quo ante (the
previous state) if certain conditions are met.

In Islamic jurisprudence, contracts are considered binding agreements that are

formed based on mutual consent and understanding. However, there are
circumstances under which a contract can be voided or canceled. The doctrine of
Radd provides a mechanism for this cancellation.

The conditions for invoking the doctrine of Radd may include:

1. Mutual Consent: Both parties must agree to cancel the contract. This
reflects the principle of mutual consent that underpins Islamic contract law.
2. Absence of Legal Impediments: There should be no legal impediments
that prevent the cancellation of the contract. For example, if one party has
already fulfilled their obligations under the contract, it may not be possible
to invoke the doctrine of Radd.

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3. Restoration of Consideration: The parties must be able to return any
consideration (benefits or payments) received under the contract. This
ensures that both parties are restored to their original positions before
entering into the contract.

The doctrine of Radd is based on the broader principles of fairness, justice, and
equity in Islamic law. It allows parties to rectify any mistakes or errors made in
entering into a contract and provides a mechanism for resolving disputes in a
manner that is consistent with Islamic legal principles.

It's worth noting that the application of the doctrine of Radd may vary depending
on the specific circumstances of each case and the interpretations of Islamic legal
scholars. Additionally, modern legal systems may have their own mechanisms
for contract cancellation, which may or may not align entirely with the principles
of the doctrine of Radd.

11. Joint Hindu family.

A A Joint Hindu Family, also known as a Hindu Undivided Family (HUF), is a
unique form of family structure prevalent among Hindus in India. It is governed
by Hindu law and has distinct features that set it apart from other forms of family
arrangements. Here are some key characteristics of a Joint Hindu Family:

1. Common Ancestral Property: A Joint Hindu Family typically holds

property that is inherited from a common ancestor. This property is owned
jointly by all members of the family, including both male and female
members.
2. Coparcenary Rights: Under traditional Hindu law, only male members of
the family had coparcenary rights, which meant they had a share in the joint
family property by birth. However, with amendments to the Hindu
Succession Act in 2005, daughters also gained coparcenary rights, granting
them equal status with sons in ancestral property.
3. Joint Management: The affairs of a Joint Hindu Family are usually
managed jointly by the eldest male member, known as the "Karta," who
acts as the head of the family. The Karta has significant authority in
decision-making regarding the family's finances and property.

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4. Hindu Undivided Family Business: Joint Hindu Families often engage in
family businesses or enterprises, with profits and losses shared among all
members according to their respective interests in the family property.
5. Continuity and Continuation: The Joint Hindu Family system emphasizes
continuity and perpetuation of the family lineage. It provides a framework
for preserving family wealth and passing it down through generations.
6. Partition: Despite the joint ownership of property, individual members of a
Joint Hindu Family have the right to demand a partition of the family
property. Partition involves dividing the joint family property among the
members, resulting in each member holding separate and distinct ownership
of their share of the property.
7. Taxation Benefits: In India, Joint Hindu Families enjoy certain tax
benefits, such as the Hindu Undivided Family (HUF) status, which allows
them to avail of tax deductions and exemptions available to HUFs under the
Income Tax Act.

The Joint Hindu Family system has been an integral part of Hindu society for
centuries, providing a framework for economic cooperation, social cohesion, and
the preservation of family wealth. While its significance has diminished in urban
areas over time, it still remains prevalent in many parts of India, particularly in
rural and traditional communities.

11.Intestate succession

A Intestate succession refers to the legal process of distributing a deceased

person's estate when they die without a valid will or without disposing of all their
assets through a will. In such cases, the distribution of the deceased person's
property is governed by the laws of intestacy, which vary from one jurisdiction to
another.

Key aspects of intestate succession include:

1. **Laws of the Jurisdiction**: Each jurisdiction has its own set of laws
governing intestate succession. These laws typically outline the hierarchy of heirs
and the distribution of assets among them. Commonly, spouses, children, parents,
siblings, and other close relatives may be considered heirs, but the specifics can
vary significantly.

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2. **Hierarchy of Heirs**: Intestate succession laws typically establish a
hierarchy of heirs who are entitled to inherit the deceased person's estate. The
hierarchy may prioritize certain family members over others, such as surviving
spouses and children over more distant relatives.

3. **Distribution of Assets**: The laws of intestacy specify how the deceased

person's assets are to be distributed among their heirs. This distribution may be
based on percentages, shares, or specific rules outlined in the intestacy laws.

4. **Spousal Share**: In many jurisdictions, surviving spouses are entitled to a

portion of the deceased person's estate, even if there are other heirs. The size of
the spousal share can vary depending on factors such as the presence of children
and whether the jurisdiction follows a community property regime.

5. **Children's Share**: Children of the deceased typically inherit a portion of

the estate if there is no surviving spouse or if the spouse's share does not
encompass the entire estate. In some jurisdictions, adopted children may have the
same inheritance rights as biological children.

6. **Representation**: Intestate succession laws may include provisions for

representation, allowing descendants of deceased heirs to inherit their share of
the estate.

7. **Personal Representatives**: Intestate estates are typically administered by

personal representatives appointed by the court, such as administrators or
executors, to oversee the distribution of assets according to the laws of intestacy.

Intestate succession can be complex, especially when there are multiple heirs or
significant assets involved. It's essential for individuals to understand the
intestacy laws in their jurisdiction to ensure that their assets are distributed
according to their wishes in the absence of a valid will. Additionally, seeking
legal advice can help heirs navigate the intestate succession process and ensure a
fair distribution of the deceased person's estate.

13. Succession certificate

A succession certificate is a legal document issued by a court to the legal heirs of

a deceased person. It serves as evidence of the rightful successors or

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beneficiaries of the deceased's estate, including movable and immovable
properties, bank accounts, debts, and other assets.

Here are some key points about succession certificates:

1. **Purpose**: The primary purpose of a succession certificate is to establish

the legal heirs of a deceased person and their respective shares in the estate. It
enables the heirs to transfer, sell, or otherwise deal with the assets of the
deceased.

2. **Jurisdiction**: The issuance of succession certificates is governed by the

laws of each jurisdiction. The procedure and requirements for obtaining a
succession certificate may vary from one country to another and even within
different states or regions within a country.

3. **Application**: The legal heirs or beneficiaries of the deceased must apply

to the appropriate court for a succession certificate. The application typically
includes details about the deceased, the heirs, the assets involved, and any
other relevant information.

4. **Notice to Interested Parties**: In many jurisdictions, the court requires

the applicant to publish a notice regarding the application for the succession
certificate. This allows any interested parties or potential claimants to come
forward and raise objections if necessary.

5. **Verification**: The court will examine the application and may conduct
hearings to verify the claims of the applicants and any objections raised by
interested parties. The court may also require the submission of supporting
documents, such as death certificates, family tree, and affidavits.

6. **Issuance**: If the court is satisfied with the application and there are no
valid objections, it will issue a succession certificate to the rightful heirs. The
certificate typically includes details about the deceased, the heirs, and the
assets covered by the certificate.

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7. **Use**: Once obtained, the succession certificate can be used by the heirs
to claim, transfer, or otherwise deal with the assets of the deceased. It may be
presented to banks, government agencies, financial institutions, and other
parties as proof of the heirs' entitlement to the estate.

It's important to note that the process of obtaining a succession certificate can
be time-consuming and may involve legal complexities. Therefore, it's advisable
for the legal heirs to seek the assistance of a qualified legal professional to guide
them through the process and ensure that their rights are protected.

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